DPP asks Court to over-turn the acquittal of Sarah Nabikolo
The Director of Public Prosecutions has asked the court of Appeal to over-turn the acquittal of Sarah Nabikolo and convict her of the murder of her husband former Kampala Businessman Eria Ssebunya Bugembe aka Kasiwukira.
Through his assistant Simon Peter Semalemba, Nabikolo together with the 2 convicts Sarah Nakungu and Jayden Ashiraf formed a common intention to murder Kasiwukira because he (Kasiwukira) had got a second wife and there was already tension in their marriage .
Semalemba then concluded that it was wrong for trial judge Wilson Masalu Musene to clear Nabikolo of her husband's murder yet there was over whelming evidence and testimony from people that she hired Jayden to murder Kasiwukira having failed to achive her mission through witch doctors to whom she was seen frequenting with her cousin Sandra Nakungu .
However Nabikolo's lawyer Macdusman Kabega has raised an objection regarding the competence of this appeal which he says it was filed outside the stipulated time frame with in the law .
Kabega has therefore asked the 3 justice , Elizabeth Musoke , Helen Obura and Ezekiel Muhanguzi to dismiss the appeal and discharge his client.
However the 2 convicts ; Sandra Nakungu and Jayden Ashiraf who are each serving a 20 year jail term for Kasiwukira murder have also asked the court of Appeal to acquit and set them free of the said murder because prosecution failed to lead satisfactorily evidence against them.
Jayden Ashairaf ; a police constable formerly attached to Muyenga community police and Sandara Nakungu , a cousin to Kasiwukira's widow were in 2016 convicted by High court judge Masalu Musene of forming a common intention to murder Kasiwukira in a disguised car accident.
The pair through their lawyer Ladislous Rwakafuuzi has listed ten grounds upon which they base to challenge the decision of justice Musene.
Among these is the fact that the indictment upon which they were convicted didnot give the accused enough information to enable them prepare their defence. Rwakafuuzi gives an example of DPP's failure to mention the killer vehicle and the driver in the said indictment .
Rwakafuuzi further submitted that the judge erroneously believed the prosecution's case pre-maturely and denied his cleints a chance to call their defence witnesses to testify in their favour .
He says this infringed on his clients' right to a fair trial because the witnesses would prove that Kasiwukira died in a hit and run car accident due to a big pot-hole in the road at the crime scene at Muyenga and not necessarily murdered as testfied by police informers.
However DPP's Simon Peter Semalemba did not file his submisisons in response to this on time and court ordered that he files written submissions upon which judgement will be given on notice.
Kasiwukira's lifeless body was found by morning passers-by lying by the roadside a few meters away from his home in Muyenga which he had just left for a fitness jogging exercise .